How Personal Injury Settlements Work

When someone gets injured because of another party’s negligence, Nebraska permits the victim to file a personal injury claim or lawsuit against the at-fault party’s insurance company. This action can allow the injured individual to recover compensation for their injury-related medical costs, the income they have lost due to missed time at work, and the emotional suffering and physical pain they have endured as a result of the accident. Unsure of how personal injury settlements work?

While many Nebraskans file personal injury cases every year, most of these cases are settled out of court. Understanding how personal injury settlements work can help you recognize what steps to take to secure the compensation you deserve.

What Is a Settlement?

A settlement is money given to close out your claim. It’s an agreement between the injured individual and the at-fault party or their insurer to resolve the case without going to trial. In a settlement agreement, the at-fault party agrees to pay the injured person a certain amount of money in exchange for a release from any additional liability for the accident. In addition, settlements are often preferred because they are faster, less expensive, and more predictable than going to trial.

Nebraska Personal Injury Settlements Step by Step

While settlements are often less stressful and costly than court cases, they present significant challenges for individuals without a thorough familiarity with Nebraska personal injury law. For instance, the process of recovering a settlement in Nebraska involves the following steps:

1. File a claim – The first step is to file a lawsuit for personal injury claim with the at-fault party’s insurance company.
2. Investigation – The insurance company will investigate the claim, gather evidence, and review medical records. Your attorney will also undertake an investigation to ensure all evidence is considered fairly.
3. Demand letter – Your attorney will send a demand letter to the insurance company, outlining the facts of your case, advising of the amount of compensation you are seeking, and justifying your demand.
4. Negotiation – Your attorney and the insurance company will negotiate back and forth until they reach an agreement. This step can often take several weeks or months if the insurer is unwilling to give your claim the full consideration it deserves.
5. Settlement – If a settlement negotiation is reached, the at-fault party will pay the agreed-upon amount. You will then sign a release agreeing not to pursue further legal action.

You should never accept a settlement offer without first consulting a knowledgeable personal injury attorney. Once you accept a settlement, your right to claim compensation comes to an end.

How Much to Ask for in a Personal Injury Settlement

What is the formula for personal injury settlements? The amount you should ask for in a personal injury settlement will depend on the specifics of your case. For instance, factors to consider include:

• The severity of your injuries
• The cost of your medical treatment
• Whether you’ll need ongoing medical care
• The amount of income you have lost due to missed work
• Whether your ability to earn in the future has been affected
• The extent of your emotional distress and pain and suffering
• Any long-term consequences of your injuries

Consequently, your attorney can help you determine an appropriate settlement amount based on these factors and the strength of your case. However, these types of damages you can ask for in a settlement can also be economic damages, non-economic damages, and punitive damages.

How a Lawyer Can Help

Working with an experienced personal injury attorney can significantly improve your chances of securing a favorable settlement. For example, your lawyer can:

• Investigate your case and gather evidence to support your claim
• Calculate the total value of your accident-related losses
• Handle all communication with the insurance company
• Negotiate aggressively on your behalf
• Advise you on the strengths and weaknesses of your case
• Represent you in court if a settlement cannot be reached

Insurance companies are always looking for ways to take advantage of injured individuals by reducing or denying their compensation. A skilled attorney can ensure that your rights are protected throughout the settlement process.

 Contact an Experienced Nebraska Personal Injury Attorney

Still unsure how personal injury settlements work? Securing a personal injury settlement amount that will cover the full extent of your losses can feel challenging and overwhelming. However, you should remember that you do not need to face this battle alone. An Omaha personal injury attorney can provide the leverage you need to negotiate the full and fair compensation package you deserve.

The skilled legal team at Mueller Schmidt Mulholland & Cooling has helped thousands of injured Nebraskans secure favorable results in their settlement claims. Consequently, our experienced personal injury lawyers are ready to be your partners in your quest for justice. Call our law firm today at or contact us online for a free consultation to learn more about how we can help you.